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CS Executive · Setting Up of Business, Industrial and Labour Laws · The Code on Social Security, 2020

Rakesh Menon, an employer in Pune, has defaulted on paying dues under the Code on Social Security, 2020. He has been nominated to the Central Board. Who decides if a question arises whether he is disqualified on this ground, and how final is that decision?

Any question on disqualification of an employer who defaulted in dues goes to the appropriate Government, and its decision is final. The Board, a civil court or a Standing Committee does not decide it.

  1. AThe appropriate Government decides, and the decision is finalCorrect
  2. BThe Central Board decides by majority vote, subject to appeal
  3. CA civil court decides, and the decision is appealable
  4. DThe Corporation's Standing Committee decides, subject to Government approval

Explanation

Disqualification for an employer who has defaulted in dues falls under clause (d) of section 8(1). Explanation 1 says any question must be referred to the appropriate Government, whose decision is final. The Board, courts and committees have no such role.

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